His comments come despite President Donald Trump's repeated claims that the election was stolen.
McEnany's claim is misleading, and ignores her own deputy secretaries as well as Vice President Mike Pence's press secretary, who are all men.
The federal court's opinion stated that the government could access certain information not protected by attorney-client privilege, pointing to possible charges.
The Republican governor heard plenty from the president on Twitter later.
The attorney general quietly appointed Durham as special counsel in October, making it harder for Durham to potentially be fired.
Similar Trump campaign lawsuits have failed in other battleground states.
Party leaders are discussing proposals while a bipartisan group of lawmakers agitates for a compromise.
The Treasury Secretary argued that the funds should instead be used to help small businesses and unemployed workers.
The outgoing president's post-election fundraising committee could well be a legal slush fund for his personal expenses.
A judge allowed the case accusing Donald Trump's former business associate of funneling stolen funds through schemes involving Trump properties.